[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] OVERSIGHT OF FIRSTNET AND THE ADVANCEMENT OF PUBLIC SAFETY WIRELESS COMMUNICATIONS ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON COMMUNICATIONS AND TECHNOLOGY OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ NOVEMBER 21, 2013 __________ Serial No. 113-103 Printed for the use of the Committee on Energy and Commerce energycommerce.house.gov ______ U.S. GOVERNMENT PRINTING OFFICE 88-102 PDF WASHINGTON : 2014 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON ENERGY AND COMMERCE FRED UPTON, Michigan Chairman RALPH M. HALL, Texas HENRY A. WAXMAN, California JOE BARTON, Texas Ranking Member Chairman Emeritus JOHN D. DINGELL, Michigan ED WHITFIELD, Kentucky FRANK PALLONE, Jr., New Jersey JOHN SHIMKUS, Illinois BOBBY L. RUSH, Illinois JOSEPH R. PITTS, Pennsylvania ANNA G. ESHOO, California GREG WALDEN, Oregon ELIOT L. ENGEL, New York LEE TERRY, Nebraska GENE GREEN, Texas MIKE ROGERS, Michigan DIANA DeGETTE, Colorado TIM MURPHY, Pennsylvania LOIS CAPPS, California MICHAEL C. BURGESS, Texas MICHAEL F. DOYLE, Pennsylvania MARSHA BLACKBURN, Tennessee JANICE D. SCHAKOWSKY, Illinois Vice Chairman JIM MATHESON, Utah PHIL GINGREY, Georgia G.K. BUTTERFIELD, North Carolina STEVE SCALISE, Louisiana JOHN BARROW, Georgia ROBERT E. LATTA, Ohio DORIS O. MATSUI, California CATHY McMORRIS RODGERS, Washington DONNA M. CHRISTENSEN, Virgin GREGG HARPER, Mississippi Islands LEONARD LANCE, New Jersey KATHY CASTOR, Florida BILL CASSIDY, Louisiana JOHN P. SARBANES, Maryland BRETT GUTHRIE, Kentucky JERRY McNERNEY, California PETE OLSON, Texas BRUCE L. BRALEY, Iowa DAVID B. McKINLEY, West Virginia PETER WELCH, Vermont CORY GARDNER, Colorado BEN RAY LUJAN, New Mexico MIKE POMPEO, Kansas PAUL TONKO, New York ADAM KINZINGER, Illinois JOHN A. YARMUTH, Kentucky H. MORGAN GRIFFITH, Virginia GUS M. BILIRAKIS, Florida BILL JOHNSON, Ohio BILLY LONG, Missouri RENEE L. ELLMERS, North Carolina 7_____ Subcommittee on Communications and Technology GREG WALDEN, Oregon Chairman ROBERT E. LATTA, Ohio ANNA G. ESHOO, California Vice Chairman Ranking Member JOHN SHIMKUS, Illinois MICHAEL F. DOYLE, Pennsylvania LEE TERRY, Nebraska DORIS O. MATSUI, California MIKE ROGERS, Michigan BRUCE L. BRALEY, Iowa MARSHA BLACKBURN, Tennessee PETER WELCH, Vermont STEVE SCALISE, Louisiana BEN RAY LUJAN, New Mexico LEONARD LANCE, New Jersey JOHN D. DINGELL, Michigan BRETT GUTHRIE, Kentucky FRANK PALLONE, Jr., New Jersey CORY GARDNER, Colorado BOBBY L. RUSH, Illinois MIKE POMPEO, Kansas DIANA DeGETTE, Colorado ADAM KINZINGER, Illinois JIM MATHESON, Utah BILLY LONG, Missouri G.K. BUTTERFIELD, North Carolina RENEE L. ELLMERS, North Carolina HENRY A. WAXMAN, California (ex JOE BARTON, Texas officio) FRED UPTON, Michigan (ex officio) (ii) C O N T E N T S ---------- Page Hon. Greg Walden, a Representative in Congress from the State of Oregon, opening statement...................................... 1 Prepared statement........................................... 3 Hon. Doris O. Matsui, a Representative in Congress from the State of California, opening statement............................... 4 Hon. Ben Ray Lujan, a Representative in Congress from the State of New Mexico, opening statement............................... 5 Hon. Marsha Blackburn, a Representative in Congress from the State of Tennessee, opening statement.......................... 6 Hon. Robert E. Latta, a Representative in Congress from the State of Ohio, opening statement..................................... 6 Hon. Henry A. Waxman, a Representative in Congress from the State of California, opening statement............................... 6 Hon. Anna G. Eshoo, a Representative in Congress from the State of California, prepared statement.............................. 8 Hon. Gregg Harper, a Representative in Congress from the State of Mississippi, prepared statement................................ 75 Witnesses Samuel Ginn, Chairman, First Responder Network Authority Board... 9 Prepared statement........................................... 11 Answers to submitted questions............................... 77 David S. Turetsky, Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission...................... 24 Prepared statement........................................... 26 Answers to submitted questions............................... 91 Darryl Ackley, Secretary, New Mexico Department of Information Technology..................................................... 32 Prepared statement........................................... 34 Answers to submitted questions............................... 94 Stu Davis, Assistant Director, Ohio Department of Administrative Services....................................................... 43 Prepared statement........................................... 46 Answers to submitted questions............................... 98 Dereck Orr, Program Manager, Public Safety Communications Research Program, National Institute of Standards and Technology..................................................... 50 Prepared statement........................................... 52 Answers to submitted questions............................... 102 Dennis Martinez, Chief Technology Officer, RF Communications Division, Harris Corporation................................... 58 Prepared statement........................................... 60 Answers to submitted questions............................... 110 OVERSIGHT OF FIRSTNET AND THE ADVANCEMENT OF PUBLIC SAFETY WIRELESS COMMUNICATIONS ---------- THURSDAY, NOVEMBER 21, 2013 House of Representatives, Subcommittee on Communications and Technology, Committee on Energy and Commerce, Washington, DC. The subcommittee met, pursuant to call, at 10:31 a.m., in room 2123 of the Rayburn House Office Building, Hon. Greg Walden (chairman of the subcommittee) presiding. Members present: Representatives Walden, Latta, Shimkus, Blackburn, Lance, Gardner, Long, Eshoo, Matsui, Lujan, and Waxman (ex officio). Staff present: Ray Baum, Senior Policy Advisor/Director of Coalitions; Andy Duberstein, Deputy Press Secretary; Kelsey Guyselman, Counsel, Communications and Technology; Grace Koh, Counsel, Communications and Technology; David Redl, Counsel, Communications and Technology; Charlotte Savercool, Legislative Coordinator; Tom Wilbur, Digital Media Advisor; Gene Fullano, FCC Detailee; Shawn Chang, Democratic Chief Counsel for Communications and Technology; Margaret McCarthy, Democratic Professional Staff Member; Kara van Stralen, Democratic Policy Analyst; and Patrick Donovan, Democratic FCC Detailee. Mr. Walden. I am going to call to order the Subcommittee on Communications and Technology. I want to thank our witnesses for being here today. Just at the outset, I would tell you that they expect votes on the House floor at about 10:50, or thereabouts, so I think we will get through our opening statements. I doubt we get to your presentations initially, but then we are going to come back right after those votes and proceed. And so I will start. OPENING STATEMENT OF HON. GREG WALDEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OREGON Last March, the subcommittee met to conduct our first oversight hearing of the newly formed First Responder Network Authority, or FirstNet. FirstNet's charge of building a nationwide, interoperable, public safety broadband network from Washington, DC, under the statute was crafted by our friends in the Senate. As I noted then, the structure of FirstNet was not my preferred approach to solving our Nation's public safety communications challenges. I favored construction from the bottom up, not the top down, with certain minimum interoperability requirements set by the Federal government, and commercial providers running the network, in partnership with the States. I cautioned then that this approach is not guaranteed by the legislation as passed, but that FirstNet could choose to adopt such approach. While there is significant work to be done to ensure the States are partners, not customers, of FirstNet, it appears that FirstNet has made progress in reaching out to State, tribal, and local jurisdictions along these lines. This is a significant undertaking, rivaling the network deployments of our largest national wireless carriers. Today's hearing reflects the subcommittee's commitment to continued and thorough oversight of this important effort, and a dedication to ensure that our Nation's public safety users realize the benefits, and know the costs, of the State of the art communications tools that the law envisions. Now, when we met last March, the FirstNet board had only recently been assembled. Perhaps because of its infancy, there was considerable uncertainty among critical stakeholders with regard to how FirstNet was being administered, and how the public safety broadband network would be realized. Unfortunately, rather than seeing those concerns wane as FirstNet has gained its footing, FirstNet finds itself embroiled in allegations from within that it lacks transparency, and suffers from potential ethical conflicts. As a result, FirstNet is currently under investigation by the Inspector General of the Department of Commerce. Suffice it to say, this is not necessarily a confidence inspiring development. But, for all the efforts by FirstNet, much work remains to gain the support of the States and the tribes, the commercial wireless community, and, most importantly, the first responders, who will rely upon FirstNet in life or death situations. Ultimately FirstNet needs the confidence and cooperation of all these groups to realize the standards, economies of scale, and potential that FirstNet holds. In order to do so, FirstNet must be an informative and cooperative national coordinator of the myriad moving parts that comprise the public safety community, and do so in short order. Unfortunately, this is precisely where FirstNet seems to be struggling. This challenge is best exemplified by the fact that no one seems to be able to answer the simple question what is FirstNet? Is FirstNet going to partner with our national wireless providers, or will it be just another commercial provider in government clothing? Has FirstNet modeled a cost for these options? Are States expected to give FirstNet their existing assets as an up-front payment for participation? What is FirstNet going to charge local first responders for use of the network? Now, these are all questions that we in Congress have been asked as FirstNet struggles to find its way. And while a few jurisdictions have managed to negotiate lease agreements with FirstNet, the fundamental issues regarding cost, coverage, and timing remain unexplained, as do the processes contemplated for the exercise of a State's option to participate in the network. Now, left unresolved, the promise that we made to first responders to overcome once and for all the lack of interoperable communications is undermined, and the prospect of FirstNet's success diminished. We cannot afford to have this effort fail to produce a network, or worse, have the network deployed, and then have no one show up to use it. Today we are asking our witnesses what is working, what is not working, and how can we help? We will hear from the chairman of the FirstNet Board, who can provide an update on progress in the deployment of the Public Safety Broadband Network, address these fundamental issues, and hopefully allay our concerns about the openness and transparency of FirstNet's processes. We will also hear from States, the chief of the FCC's Public Safety and Homeland Security Bureau, NIST, whose good work with NTIA on the Public Safety Communications research program is helping answer some fundamental technology questions for FirstNet, and a private sector representative who can provide their perspectives on FirstNet's progress, insights into their respective roles, and share ideas about what FirstNet can do better to get the job done. And because FirstNet will not initially provide mission critical voice capability, and public safety will continue to rely on traditional land mobile radio systems for voice communications, we will take the opportunity to better understand how the development of the new emergency communications technologies will be used together with traditional public safety communications until FirstNet is capable of addressing public safety's mission critical voice needs. So I am looking forward to hearing from our witnesses today to address these issues we have raised, and hope to leave with a higher level of comfort with regard to FirstNet's progress and confidence in the manner in which it is conducting its business. That is the purpose of this hearing. I thank the witnesses for being here, and now I would yield to the gentlelady from California, Ms. Matsui, for an opening statement. [The prepared statement of Mr. Walden follows:] Prepared statement of Hon. Greg Walden Last March the subcommittee met to conduct our first oversight hearing of the newly formed First Responder Network Authority, or FirstNet. FirstNet's charge of building a nationwide interoperable public safety broadband network from Washington, DC, under the statute was crafted by our friends in the Senate. As I noted then, the structure of FirstNet was not my preferred approach to solving our Nation's public safety communications challenges. I favored construction from the bottom up, not the top down, with certain minimum interoperability requirements set by the Federal Government and commercial providers running the network in partnership with the States. I cautioned then that this approach is not guaranteed by the legislation as passed, but that FirstNet could choose to adopt such an approach. While there is significant work to be done to ensure that the States are partners, not customers, of FirstNet, it appears that FirstNet has made progress in reaching out to State, tribal, and local jurisdictions along these lines. This is a significant undertaking, rivaling the network deployments of our largest national wireless carriers. Today's hearing reflects the subcommittee's commitment to continued and thorough oversight of this effort and a dedication to ensure that our Nation's public safety users realize the benefits and know the costs of the state-of-the-art communications tools the law envisions. When we met last March, the FirstNet board had only recently been assembled. Perhaps because of its infancy, there was considerable uncertainty among critical stakeholders with regard to how FirstNet was being administered and how the public safety broadband network would be realized. Unfortunately, rather than seeing those concerns wane as FirstNet has gained its footing, FirstNet finds itself embroiled in allegations from within that it lacks transparency and suffers from potential ethical conflicts. As a result, FirstNet is currently under investigation by the Inspector General of the Department of Commerce. Suffice it to say, this is not a confidence inspiring development. But for all the efforts by FirstNet, much work remains to gain the support of the States and the tribes, the commercial wireless community, and most importantly the first responders who will rely on FirstNet in life or death situations. Ultimately FirstNet needs the confidence and cooperation of all of these groups to realize the standards, economies of scale, and potential that FirstNet holds. In order to do so, FirstNet must be an informative and cooperative national coordinator of the myriad moving parts that comprise the public safety community, and do so in short order. Unfortunately, this is precisely where FirstNet seems tobe struggling. This challenge is best exemplified by the fact that no one seems to be able to answer the simple question: ``What is FirstNet?'' Is FirstNet going to partner with our national wireless providers or will it be just another commercial provider in government clothing? Has FirstNet modeled the costs for these options? Are States expected to give FirstNet their existing assets as an up front payment for participation? What is FirstNet going to charge local first responders for use of the network? These are all questions that we in Congress have been asked as FirstNet struggles to find its way. And while a few jurisdictions have managed to negotiate lease agreements with FirstNet, the fundamental issues regarding cost, coverage and timing remain unexplained, as do the processes contemplated for the exercise of a State's options to participate in the network. Left unresolved, the promise that we made to first responders to overcome once and for all the lack of interoperable communications is undermined, and the prospect of FirstNet's success diminished. We cannot afford to have this effort fail to produce a network, or worse, have this network deployed and then have no one show up to use it. Today, we are asking our witnesses ``what is working, what isn't working, and how can we help?'' We will hear from the chairman of the FirstNet Board, who can provide an update on progress in the deployment of the public safety broadband network, address these fundamental issues, and hopefully allay our concerns about the openness and transparency of FirstNet's processes. We will also hear from States, the chief of the FCC's Public Safety and Homeland Security Bureau, NIST--whose good work with NTIA on the Public Safety Communications Research program is helping answer some fundamental technology questions for FirstNet, and a private sector representative who can provide their perspectives on FirstNet's progress, insights into their respective roles, and share ideas about what FirstNet can do better to get the job done. And because FirstNet will not initially provide mission critical voice capability and public safety will continue to rely on traditional land mobile radio systems for voice communications,we will take this opportunity to better understand how the development of new emergencycommunications technologies will be used together with traditional public safety communications until FirstNet is capable of addressing public safety's mission-critical voice needs. I am looking forward to hearing from our witnesses today and hope to leave with a higher level of comfort with regard to FirstNet's progress and confidence in the manner in which it is conducting its business. OPENING STATEMENT OF HON. DORIS O. MATSUI, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Ms. Matsui. Thank you very much, Mr. Chairman. I am here in place of Ranking Member Eshoo, who will be arriving shortly. But I really want to thank everyone for being here today. I think it is an important issue, and I am glad that we are looking at the progress that we have made here. FirstNet is a startup, let us not forget that, and like every startup, it has had its growing pains. But since our last hearing, we have seen some progress from FirstNet. FirstNet has hit some milestones, has established a budget, and hired staff. Moving forward we need to work together in a bipartisan manner to ensure its success. If we fail, then we jeopardize the entire system and put America's first responders at risk. It is as simple as that. Throughout the debate on the spectrum law, I remained focused on the need to responsibly govern any nationwide public safety interoperability network. I believe governance is paramount. It is critical to ensure America's first responders have an efficient and effective interoperability network. It is also important to ensure we spend taxpayer money wisely. Despite some initial concerns about the role of States taking a back seat, I am pleased that the FirstNet board took this issue head on, and developed a strong, coordinated relationship with the States. The FirstNet board has significant responsibility. I believe the experienced individuals on the board are capable and qualified to ensure our primary goal of achieving a nationwide level of interoperability for our Nation's first responders, while ensuring fiscal responsibility. It is my hope that we can work together in a bipartisan manner to achieve success for America's first responders. And I yield time to Mr. Lujan. OPENING STATEMENT OF HON. BEN RAY LUJAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW MEXICO Mr. Lujan. Thank you very much to our Ranking Member Matsui. And, Mr. Chairman, this is an important hearing that we are having today. Quite an exciting time, as we talk about the ability to change the way that we can take advantage of modern technology to ensure that first responders have the tools that they need. I was sharing with my legislative director, Andrew Jones, a few minutes ago that, while I sat on the New Mexico Public Regulatory Commission, which is the equivalent of Public Utility Commissions across the country, we were very unique in that we had the State fire marshal under our jurisdiction attached to a Department of Insurance, again, a very unique relationship that was created. But in those conversations, getting to speak specifically to firefighters, with the tragic loss that we have recently had as well with the firefighters in Arizona, who put out many fires in New Mexico, and also those that were from New Mexico, this technology that could be on the body, so that there are eyes and ears around them, monitoring vital signs with them, whether they are firefighters, police officers, or any of our emergency responders, for that matter, is something that I hope that we can get correct here so that we can keep more people alive, keep them safer, and truly improve our abilities to make sure that communities are safer, for that matter, so I am really excited about this. I think it is intriguing to note that many of the States as well have benefitted from investments in these programs with interoperable systems as a result of the Recovery Act. I know that there is a difference of opinion sometimes with benefits, but I hope that this is one that we can agree on, that this investment was critically important, and that, as we have seen roll out in many States, we can point back to the importance of investment in infrastructure. So, with that, I yield back the balance of my time, and I thank the chairman, the ranking member very much again for this important hearing. Mr. Walden. Gentleman yields back the balance of his time, and I appreciate the comments. We will now turn to the vice chair of the full committee, gentlelady from Tennessee, Ms. Blackburn. OPENING STATEMENT OF HON. MARSHA BLACKBURN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TENNESSEE Mrs. Blackburn. Thank you, Mr. Chairman. I appreciate all of our witnesses being here, and the opportunity to have the hearing, and to do some oversight on FirstNet, and look at how it is standing up, and, due to the passage of the Spectrum Act, we all view public safety as an important Federal Government priority, but we need to do it efficiently, and effectively, and with a little bit of thought toward the price tag, since it is all taxpayer money. As we have seen with the botched rollout of the Obamacare site, government entities don't have all the answers when it comes to new technologies, and rolling out a nationwide interoperable public safety network is going to require significant consultation and help from the private sector. The decisions that are made today will determine the success or failure of FirstNet in its framework. That is why we need benchmarks, status updates, strong leadership that is focused, and States need to be given resources to manage their operations, if they have found a better way. So I thank you all for being here, and at this time I will yield to the gentleman from Ohio, Mr. Latta, the balance of the time. OPENING STATEMENT OF HON. ROBERT E. LATTA, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OHIO Mr. Latta. I thank the gentlelady for yielding. And, Mr. Chairman, thank you very much for holding this hearing today. And I appreciate our distinguished witnesses for appearing to testify today. A robust public safety communications network is critical to protecting the lives and safety of the American people. We have an obligation to ensure that the implementation of FirstNet is successful and facilitates the communication needs of first responders that bravely risk their lives for ours. While I am encouraged by some of the initial progress that FirstNet has made in the development of the nationwide network, I have concerns that FirstNet is not sufficiently engaging with States throughout the process. I look forward to hearing the testimony of our witnesses today, as well as the plans to ensure that FirstNet is closely consulting with States, and that States have a clearly defined role in understanding the responsibility and the terms of the planning, development, funding, and implementation of the broadband network. I thank the chairman, and I yield back. Mr. Walden. Anyone else on the Republican side? Mr. Long, do you have any opening statement? OK. Gentleman yields back the balance of his time. Chair now recognizes the chairman emeritus of the committee, the ranking Democrat, Mr. Waxman. OPENING STATEMENT OF HON. HENRY A. WAXMAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA Mr. Waxman. Thank you very much, Mr. Chairman. Congress came together to enact the Public Safety Inspector Act last year, delivering on one of the last remaining recommendations from the 9/11 Commission, to create a nationwide interoperable public safety broadband network for first responders. To implement this long overdue mission, Congress created the First Responder Network Authority, or FirstNet. Today, we are conducting our second FirstNet oversight hearing in less than 8 months, demonstrating the committee's strong bipartisan interest in ensuring this important job is done right from the very start. And I would like to thank Chairman Ginn of the FirstNet board for testifying again, and updating us on FirstNet's operations and activities. I would also like to join my colleagues in thanking Mr. Turetsky for his service as chief of the Public Safety and Homeland Security Bureau, and wishing him the best of luck in his new role at the FCC. Given the magnitude of this project, it is critical that FirstNet and its partners operate efficiently and innovate aggressively. To meet this challenge, I believe FirstNet is already moving in the right direction by strengthening its operations through a sound business plan, a growing, talented staff, and a fiscally prudent budget. The Board is now supported by a management team with significant experience in the wireless industry, public safety communications, and financial management. FirstNet is putting its expertise to use, listening to the feedback of various stakeholders, and engaging in extensive outreach to the public safety and governmental communities, as well as vendors, carriers, and technology firms. From a technical perspective, FirstNet is laying the foundation for the network architecture through multiple requests for information that seek input from industry and other stakeholders. The Public Safety and Spectrum Act has also tasked the National Institute of Standards and Technology, or NIST, with conducting research, and assisting with the development of critical standards and technologies to advance the types of public safety communications to be supported by FirstNet. And I look forward to hearing how NIST has been working with FirstNet to address the technical challenges of standing up the network. One of the many challenges FirstNet has grappled with since our last hearing is how to address the jurisdictions that received funding for public safety networks through the Broadband Technology Opportunities Program, or BTOP. I am especially pleased that FirstNet reached an agreement with the Los Angeles Regional Interoperable Communications System Authority on its BTOP grant. I know reaching such a complex agreement was not easy, and I appreciate the tenacious good faith efforts exhibited by all parties to the agreement. The LARICS project will not only benefit first respondents of the L.A. region, it will also provide FirstNet with an opportunity to gather information and share lessons learned with other projects. The State of New Mexico is also moving forward with its BTOP grant, and I want to thank Dr. Darryl Ackley, Chief Information Officer of the State of New Mexico, for testifying today to discuss his State's agreement with FirstNet. And, finally, I appreciate that FirstNet has acted promptly to address certain procurement and ethics related matters. I look forward to reviewing the findings of the Department of Commerce, Office of Inspector General when they have completed their audit. In conducting oversight of this fledgling organization, we all share a common interest to protect public investments and guard against waste, fraud, and abuse that may threaten the viability of the network. I hope it will continue to work in a bipartisan way to ensure FirstNet's success. I thank all the witnesses for testifying. I look forward to your testimony, and I want to apologize in advance that I have a conflict, so I won't be able to be here throughout the hearing, but I will have a chance to review the testimony, and my staff, of course, will remain here, listen to everything that is said, and work with you on all of these issues. Thank you, Mr. Chairman, and I yield back the balance of my time. Mr. Walden. Do you want to yield your remaining 30 seconds to Ms. Eshoo? Mr. Waxman. Was I supposed to do that? Mr. Walden. Not necessarily, but---- Mr. Waxman. I yield the balance of my time, and maybe even some extra, to Ms. Eshoo. Ms. Eshoo. Thank you, Mr. Waxman, and thank you, Mr. Chairman. I just want to say to the witnesses, I apologize for being tardy this morning, and I want to thank Congresswoman Matsui for sitting in, and I look forward to your testimony. I want to salute you, Mr. Ginn, for the work that you are doing. I am just so impressed with what has taken place in a short period of time on a myriad of issues. So I thank you, and I am forgoing the fabulous opening statement that I had for everyone, but we will place that in the record. Thank you. [The prepared statement of Ms. Eshoo follows:] Prepared statement of Hon. Anna G. Eshoo Last Congress, this subcommittee achieved a major milestone when it laid the groundwork for the first-ever nationwide, interoperable public safety broadband network. There were many who thought we would never achieve the last remaining recommendation of the 9/11 Commission and there are some who still have their doubts. Today's hearing is an opportunity to hear from FirstNet as well other stakeholders who are directly involved in the implementation of FirstNet and make sure we remain on track. In the eight months since our subcommittee's last oversight hearing, significant progress has been made. A General Manager has been named; a 2014 budget has been approved; eleven technical RFIs have been issued with over 300 responses; the FCC has approved technical and operational rules; 54 of 56 State and local implementation grants have been awarded; and FirstNet is well on its way to achieving the goals established in the Middle Class Tax Relief and Job Creation Act of 2012. But there's no doubt that much more work lies ahead. The next 12 months represent a critical phase for FirstNet. To keep this project on schedule and on budget, FirstNet must continue to leverage the resources of the commercial wireless sector and ensure that it conducts a procurement process that is transparent, that it's based on non-proprietary standards, and promotes competition among software and device manufacturers. I have confidence that under the leadership of Sam Ginn, FirstNet will fulfill its mission to provide our first responders with a state-of-the-art network that is reliable, hardened, redundant and secure. And finally, while I'm disappointed that the Bay Area's public safety project was unable to reach agreement by last week's deadline, I support FirstNet's decision to protect taxpayer dollars and prevent the use of proprietary technology that could ultimately be incompatible with the nationwide network. We should learn from both the successes and failures of this project and the 6 other BTOP public safety projects and ensure these lessons are applied to FirstNet. I thank each witness for your commitment to pioneering the next generation of public safety communications and I look forward to hearing your important testimony today. Mr. Walden. I was going to have it framed too, and put on the wall alongside mine. I want to welcome our witnesses, and thank especially David Turetsky, who is the Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission. Thanks for your service. I understand today is your last day in that role, but we appreciate your being here. We will try not to make it your worst day in that role. And so we want to thank you for all your dedicated years of service. And I know Mr. Latta was going to introduce our witness from Ohio. If you want to just say some opening remarks about him, and then we will get started? Mr. Latta. Well, I appreciate that, Mr. Chairman. I want to welcome Stu Davis, who is the Chief Information Officer for the State of Ohio. You know, Stu has been instrumental in leading Ohio's efforts statewide in public safety emergency management communication system. He has been a leader in the IT industry, and it is an honor to have him here representing the great State of Ohio. So welcome, Mr. Davis. Mr. Walden. We welcome all of our witnesses, and we will start now with the man in charge, who is undertaken this incredibly challenging task, and put a lot of effort into it, no doubt, Mr. Sam Ginn, who is the Chairman of the First Responder Network Authority. Sam, thank you for being here. Thanks for your interaction with the subcommittee, and your service for the country, and we look forward to your statement, sir. STATEMENTS OF SAMUEL GINN, CHAIRMAN, FIRST RESPONDER NETWORK AUTHORITY BOARD; DAVID S. TURETSKY, CHIEF, PUBLIC SAFETY AND HOMELAND SECURITY BUREAU, FEDERAL COMMUNICATIONS COMMISSION; DARRYL ACKLEY, SECRETARY, NEW MEXICO DEPARTMENT OF INFORMATION TECHNOLOGY; STU DAVIS, ASSISTANT DIRECTOR, OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES; DERECK ORR, PROGRAM MANAGER, PUBLIC SAFETY COMMUNICATIONS RESEARCH PROGRAM, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY; AND DENNIS MARTINEZ, CHIEF TECHNOLOGY OFFICER, RF COMMUNICATIONS DIVISION, HARRIS CORPORATION STATEMENT OF SAMUEL GINN Mr. Ginn. Yes. Well, thank you, Mr. Chairman. I really appreciate the opportunity. And, Congresswoman Eshoo, it is nice to be here, and I hope that this session will be productive, and we will be able to answer your questions. I would just like to start out by making a couple of observations. We can get into all the technical issues around outreach and contracts and other things, but I want you to understand that we know who holds the responsibility for building this network. We do. And I think one of the critical issues about this bill is Congress recognized you want to put the responsibility on an entity, and that is us. We hold that responsibility, and we hold it with an attitude that we can get this network built. So I think we have to start there. I think the other thing that we have to recognize is this is a large, complex project, enormous scale, enormous technical issues. Critical issues surround outreach to the customers, and I must tell you that we understand if we don't build this system to meet the needs of public safety, it will not be successful. I think principle one is we know we have to do that, and in the testimony we talk about all kind of outreach, and things that we are doing to understand the requirements of public safety, and that information is being filtered in to the technical organization as we design the system. So we will have time to get into those issues, but I don't want us to miss a larger point, and this is it. When we build this network, and we will build this network, it is going to revolutionize public safety in ways that we don't even understand. It is like most revolutions. When they start out, you know things are going to be different. But when this network is in place, we are going to revolutionize public safety. Let me give you an analogy, and a simple one. I want you to think back, when you got your first cell phone, and how you used it. And now I want you to think back, given the applications that are available for you to download, how has it affected your day to day life? And I would say significantly. And the point I want to make to you is, when this network goes in place, we will see the innovation and creativity of public safety all across the country, where they step up and solve local issues, local situations, that basically lower their costs, or serve the public better, or increase their own safety. So I don't want us to lose the larger point in this conversation, simply to say that we are going to get this done, and when we do, I think there will be a tremendous advantage not only to public safety, but to citizens of the country, and all of us who are worried about the cost of providing service to the country. And my sense is that we can take them down dramatically. Thank you, Mr. Chairman. [The prepared statement of Mr. Ginn follows:] [GRAPHIC] [TIFF OMITTED] Mr. Walden. Mr. Ginn, thank you. They have called votes, and so I think what we will do, before proceeding with others, is go ahead now and recess the committee. We have got a couple of votes, I believe, and then we will be back as soon after the votes as our members can get here, and we will resume this hearing. So, with that, we will stand in recess. [Recess.] Mr. Walden. Call back to order the Subcommittee on Communications and Technology, and my apologies that the votes went longer than anticipated, but we have returned, and we appreciate testimony of Mr. Ginn, and I think we were just going to Mr. Turetsky when we had to take a break. So, sir, if you will turn on that microphone, pull it close, we will resume our hearing. STATEMENT OF DAVID S. TURETSKY Mr. Turetsky. Thank you, Chairman, Ranking Member, and Vice-Chairman. Thank you for this opportunity to discuss the FCC's efforts to support FirstNet through implementation of the Middle Class Tax Relief and Job Creation Act of 2012, and our ongoing mission to enhance public safety and emergency communications. Traditional public safety land mobile systems continue to provide mission critical voice capability for first responders, and will continue to do so for some time, and must be maintained. But they cannot support the data rich applications that are more and more necessary for public safety personnel to do their jobs. In part, that is why Congress passed the Act, to create a nationwide interoperable wireless broadband network for the public safety community. As Chairman Wheeler stated earlier this week, communications networks are changing, and fast. And where technological change and public safety intersect, there are both challenges and opportunities. Congress included some specific tasks for the FCC to support FirstNet's mission when it passed the Act in February 2012. For example, it directed the FCC to establish the technical advisory board for first responder interoperability within 30 days. That board then had 90 days to develop minimum technical requirements to ensure a nationwide level of interoperability for the FirstNet network. The Commission then had 30 days to approve and transmit the recommendations to FirstNet. The Commission met each of these deadlines. Beyond these specific tasks, the Commission has also worked to fulfill its statutory obligation to ``take all actions necessary to facilitate the transition'' of the 700 megahertz public safety broadband spectrum to FirstNet. Last month the Commission unanimously adopted a report and order that established the basic technical rules for the FirstNet spectrum. Those rules will not only help to accomplish goals like preventing interference, but, vitally, will give vendors guidance they need to compete and innovate, and enable the Commission to certify equipment promptly. These rules are supported by the record, and are consistent with comments from FirstNet, and others. We recognize that we still have more to address under the law. For example, in some areas, there are incumbent public safety narrow band operations in the FirstNet spectrum which pre-date the designation of this spectrum for broadband use. The Act also provides that if a State seeks to exercise its opt-out rights, the Commission must either approve or disapprove the State's opt-out plans, based on specific statutory criteria. We intend to provide clear guidance to the States and FirstNet on how that will work before States have to choose whether to opt out. The Commission is also considering how best to implement the T-band provisions of the Act, which require future relocation of those public safety systems, and auction of the vacated spectrum. The Bureau issued a public notice on this, and received comments over the summer. We will work with all stakeholders and our Federal partners to ensure that these transitions occur seamlessly and transparently as much as possible. Next, the public safety community faces another transition to NG-911, which can revolutionize the way the public seeks help. This is tightly interwoven with the FirstNet network, as NG-911 and the FirstNet network can be complementary components of an end to end broadband echo system. Public safety call centers will serve as hubs for data from 911 callers, such as photos or film clips, which can then be disseminated to first responders through the FirstNet network. One step the FCC is taking to facilitate the transition to NG-911 is to advance Text-to-911. People expect to be able to use the means of communications that they use every day to get help, and text messaging is part of the fabric of modern life. It also is the only practical or safe way to reach out for help in some circumstances. Also, wireless calls to 911 increasingly originate indoors. Obtaining an accurate location for those callers can be a challenge, and we held a major workshop at the FCC about that earlier this week. Finally, I want to mention the successful use of wireless emergency alerts to warn the public of emergencies. Just this past weekend, mobile users in the path of tornadoes in Illinois received warnings from the National Weather Service sent via the Wireless Emergency Alert System. Reports are that this helped some people get to safety before the tornadoes struck. Since implementation in the summer of 2012, WEA, as we call it, warnings have helped to recover kidnapped children, evacuate areas during Superstorm Sandy, and otherwise alert people to get to safety in an emergency. In closing, transition is the watchword, and the Commission intends to achieve it by working with all stakeholders in a transparent and responsible manner. Thank you. [The prepared statement of Mr. Turetsky follows:] [GRAPHIC] [TIFF OMITTED] Mr. Walden. Thank you, and thanks to the FCC for their good work in this area, and meeting the deadlines. We will go now to Mr. Darryl Ackley, who is the Cabinet Secretary for the New Mexico Department of Information and Technology. Mr. Ackley, thank you for being here today, and thanks for your patience. We look forward to your testimony, sir. STATEMENT OF DARRYL ACKLEY Mr. Ackley. Well, good morning, Mr. Chairman, Ranking Member, members of the subcommittee. Thank you as well for the opportunity to be here today to present on the status of the project in New Mexico in public safety broadband. Excited to be here today. I am the Chief Information Officer for the State of New Mexico, and Cabinet Secretary over the Information Technology Department, appointed in February of 2011 by Governor Susanna Martinez when she took office. I also serve as the representative from the National Association of State Chief Information Officers to the FirstNet Public Safety Advisory Committee, but asked to be here today to update specifically on the activities within the State of New Mexico. A little bit of background, the IT Department in New Mexico is the enterprise service provider for the State, in traditional domain, but we also operate the Public Safety Land Mobile Radio Communication Network for our State's first responders and officials, to include a fairly large tower asset, and land mobile radio component. We operate that in a chargeback manner, and provide hopefully great service for our citizens in the State. In 2010 New Mexico was one of the applicants and recipients of a BTOP grant to build out both additional digital microwave infrastructure within the State, but also to deploy a pilot broadband program, LTE, within the 10 megahertz of spectrum that were dedicated for public safety under the Public Safety Spectrum Trust. In 2011, when I took the office, we incorporated that into a comprehensive plan to modernize public safety communications within the State of New Mexico along three areas. One, having a resilient and robust backhaul infrastructure. This is towers, et cetera. The second, to address critical gaps in our State's land mobile radio communications. But the third, and in line with our BTOP grant, to deploy public safety broadband within the State, and we saw these three as being very compatible with one another. As part of that plan, we began work in earnest on the tower upgrades, which are nearly complete, providing us a digital microwave backbone. At the juncture we were about to deploy in the LTE for the public safety broadband, of course, in 2012 was when the Spectrum Act was passed, creating FirstNet, and opening the D block for use by that entity. Our grant was partially suspended in that regard in the LTE while the FirstNet board was brought into being, while they organized and got moving. In December of 2012, so about a year ago, we were visited by board members Jeff Johnson and Sue Swenson to review our BTOP program, as they visited all the BTOP waiver recipients. At that time we presented our original plan for a build-out in that LTE spectrum, but also provided some alternative plans to work with the board through, in case they wanted to see some different options. We presented a pilot project build-out along the Southwest border that we thought could have some impact in our State, but also provide some valuable learning conditions to the board. Then that had quite a bit of resonance, so from that point on we began working with the FirstNet board, as well as with folks at NTIA and FCC to develop that into a pilot project, as well as begin negotiations with the FirstNet board for a lease in the spectrum so that we could begin to build that out. Over the course of about 6 months we iterated with them, we worked through that negotiation. Of course, you know, any negotiation has its ups and downs. New Mexico very much wanted to make sure that what we had in place would serve our citizens, and our constituents, but also give us flexibility, and, I am sure with FirstNet, give them the flexibility that they needed. I am proud to say we accomplished that. We have a non-exclusive State-wide lease in that spectrum, and are working towards developing the RFP to proceed with the Southwest border project. We have been granted that lease with three key learning conditions that, in conjunction with the FirstNet board, we developed for that build-out. And those key learning conditions are, one, demonstrating the ability of, you know, cross- jurisdictional interaction by working with the deployed corps in Harris County, Texas. The second being looking at the frequency issues, the spectrum issues, associated with operating on the U.S.-Mexico border, and what that is going to mean on a larger scale as the FirstNet build-out rolls out. And then, third, the opportunity to potentially incorporate Federal users onto that system as we deploy, given the presence of Customs and Border Patrol, Immigrations and Customs, and other Federal operations along that boundary. So, at that point, we are working on publishing the RFPs to start the first phase of this operation, and hope to begin that in the First Quarter of 2014. With that, my time is about up, and I would love to answer any questions that you have later. [The prepared statement of Mr. Ackley follows:] [GRAPHIC] [TIFF OMITTED] Mr. Walden. All right, Mr. Ackley, thank you very much. We look forward to learning more about the experience that New Mexico has had. Sounds like it has been a good one. Mr. Davis, we are delighted to have you here. Mr. Stu Davis is a State Chief Information Office and Assistant Director of the Ohio Department of Administrative Services. We are very appreciative that you were able to join us, and we look forward to your testimony too, sir. Thank you. STATEMENT OF STU DAVIS Mr. Davis. Well, thank you very much, Chairman Walden, Ranking Member Eshoo, and members of the subcommittee. Thank you for the opportunity to testify on FirstNet and the nationwide Public Safety Broadband Network Initiative. My name is Stu Davis. I currently serve as the Ohio State Chief Information Officer, and the Assistant Director of the Ohio Department of Administrative Services. As the State CIO, I lead, oversee, and direct State agency activities related to information technology development and its use. As Assistant Director of DAS, I oversee the Office of Information Technology, which delivers information technology and telecommunications services to State government agencies, boards, and commissions. I also serve as the Chair of the Multi-Agency Radio Communication Systems, MARCS, on that steering committee, which is Ohio's land mobile radio system that supports voice and data communications of statewide public safety and emergency management. I also chair Ohio's Emergency Service IP Network, ESINet, steering committee, focused on Ohio's Next Gen 911 solution. The Ohio General Assembly had concerns about FirstNet, and passed Senate Concurrent Resolution 15 earlier this year. Specific concerns were around the business plan, the costs the State would bear, either mandated or obligated, the ability to opt-out with no cost if not appropriate for Ohio, to have written assurances that it would meet, exceed current levels of service in the areas of reliability, redundancy, and State- based system control, as well as fair market compensation for access and utilization of State-owned assets in support of network deployment. It called for this subcommittee to continue these meetings, and we commend you for doing so. Thank you. FirstNet outreach has significantly improved, and is more consistent than we have seen in the past, which is great. We still have questions regarding requirements, user community rules and responsibilities, the overarching business case, and defined businesses and operational models, and, of course, near and long-term funding. We need to have further insight into these components so we can properly plan for future initiatives. It is important that FirstNet views relationships with the States as a partnership, and that continues. Currently the planning grants available to States are focused on outreach and education. For FirstNet to be successful, they need to focus on the development of those relationships with the State, modifying their approach to be one of engagement, not product marketing to States. An example of partnering would be strong engagement on the requirements, and a definition of roles and responsibilities. It would make sense to have individual State discussions, and perhaps negotiate these terms, before releasing an RFP to build out FirstNet. If this does not take place, there will be very little time for the States to react and determine the best path forward. If we are not part of those negotiations of those details of a blanket RFP prior to its release, it will be detrimental to both parties. There are numerous requirements that need to be defined before architecting a solution. This runs the gamut from user, to technical, to operational requirements. It is difficult to architect a solution to undefined user requirements, and without clear expectations. FirstNet needs to be extremely sensitive to the fact that moving full steam ahead on identifying the technical aspects of the system several months before regional outreach positions are in place can be a little risky. Choosing technical specifications in the absence of understanding the needs of the State could also be detrimental to the long-term viability of the network. We need to know these requirements and understand what the impact of these efforts will have on existing Ohio initiatives. In Ohio, this would be MARCS. It would also be the consideration of other statewide initiatives, such as Next Generation 911, which should be viewed as a component of FirstNet. Several States, including Ohio, have stated that current Next Gen design efforts must integrate with FirstNet in the future. Understanding the impact on MARCS, as well as Next Generation 911, is critical to our planning process. We would also like to see the business model. I understand the difficulties there, but it is critical for us to be able to understand the sustainability of the effort that we have going forward. Building the cost recovery and usage rates will be instrumental in the adoption of the effort. The answer I get is, build, and ongoing costs will be supported through partnerships with the State, and subscription from early adopters. I don't believe this is sustainable. Someone has to pay for operations while adoption ramps up and takes place. The concern would be the responsibility for the operational costs, and, more to the point, adoption of MARCS, at $20 a month, gets significant pushback from some of our user community. Volunteer firefighters push back on $240 a year to have an operational radio on our system. How will they pay for both? I would like to better understand these aspects before we can move forward a little bit. Again, with the capital investment from Federal Government, where is the revenue to sustain the FirstNet operations in each State? The interpretation of public safety use only must be clearly defined. Without the revenue from broad secondary use of excess capacity, the model may not be sustainable. In Ohio we are working through IT optimization efforts to align all our IT assets, resources, and current expenditures to reduce duplication of effort and increase efficiencies of the benefit to the citizen. A key of this is adoption and leveraging of past investments. We are expending dollars today to support law enforcement and first responders. These past investments, I mentioned MARCS and Next Generation 911, there has to be a path forward to protect those current and previous investments so that these systems are integrated and leveraged. We need to be able to plan and forecast impacts and direction of current efforts to be able to align with FirstNet. Understanding the operational costs and potential costs to the user community will be directly related to law enforcement and first responder adoption. I understand that FirstNet will also leverage, or attempt to leverage, existing vertical assets the State currently owns, lease, or is carrying debt on. There are financial, legal, jurisdictional issues regarding use of existing State, local, and private assets. There are numerous bonding and legal considerations that must be thought through for many States. We continue to have concerns about funding, and it is important to note that, after having said all these things, I am supportive of the concept of the Nationwide Public Safety Broadband Network, and I believe Ohio is uniquely positioned to take advantage of the significant opportunity to coordinate and converge multiple efforts. These efforts include MARCS, as well as the Ohio Next Generation System, and I look forward to the opportunity to partner on this effort and ensure impacts to current initiatives are in alignment with Ohio's direction. Thank you very much. [The prepared statement of Mr. Davis follows:] [GRAPHIC] [TIFF OMITTED] Mr. Walden. Mr. Davis, thank you for your testimony. I think you have summed it up well. We all want it to work, and be affordable, and that is what we are striving to get to. Mr. Dereck Orr is the Program Manager, Public Safety Communications Research, Office of Law Enforcement Standards, National Institute of Standards and Technology. That is a long title. But we are glad you are here, and we look forward to your testimony, sir. Please go ahead. STATEMENT OF DERECK ORR Mr. Orr. Thank you very much. Chairman Walden, Ranking Member Eshoo, members of the subcommittee, thank you for the opportunity to appear before you today to discuss the advancement of public safety wireless communications. I serve as the Program Manager for the Public Safety Communications Research Program, which is a joint effort between the National Institute of Standards and Technology and the National Telecommunications and Information Administration at the Department of Commerce Labs located in Boulder, Colorado. The Public Safety Communications Research Program serves as the technical lead for several administration initiatives focused on public safety communications. Our longest standing program sponsor is the Department of Homeland Security's Office of Interoperability and Compatibility within the Science and Technology Directorate. The PSCR program is also involved in many of DHS's communications interoperability related programs, including the SAFECOM program within the Office of Emergency Communications. Additionally, PSCR is sponsored by the First Responder Network Authority to advance public safety broadband communication standards, and is developing additional research projects related to public safety broadband communications that the PSCR is uniquely qualified to execute. NIST greatly appreciates as well the confidence that Congress placed in NIST by allocating critical funding for public safety communications research and development in the legislation that established FirstNet. Working alongside our Federal partners, the PSCR program has played the lead technical role in key advancement in public safety communications over the last decade. In 2010 the PSCR program, in partnership with DHS, deployed in the Boulder area a first-of-its-kind fourth-generation, long-term evolution, 700 megahertz public safety broadband demonstration network. This network was developed in collaboration with industry through cooperative research and development agreements between NIST, NTIA, and over 75 individual industry partners to date. This public/private partnership has resulted in one of the most vendor diverse 4G LTE networks in the world. The demonstration network allows PSCR to test and evaluate key broadband features critical to public safety, including multi-vendor interoperability, indoor, in-building coverage, and extended cell coverage possibilities for rural areas. In addition, future work will focus on priority access and quality of service for the network. As part of PSCR's modeling and simulation efforts, PSCR conducts performance analysis of advanced communications networks using commercially available and in-house customized modeling simulation tools. In support of a nationwide public safety broadband network, PSCR develops metrics and tools used to characterize the performance of LTE networks, which will help inform decision-making about network design. PSCR continues to lead the requirements development efforts for the public safety broadband, working directly in support of the National Public Safety Telecommunications Council. NPSTC's broadband working group has developed requirements documents for mission critical voice, local control, and priority and quality of service that clearly define public safety's expectations of the nationwide broadband network capabilities. In December 2012 NPSTC delivered the public safety broadband launch requirements to the FirstNet Board of Directors and the Public Safety Advisory Committee. The launch requirements define public safety's expectations for the nationwide network at launch. More recently, NPSTC delivered push-to-talk over LTE requirements to FirstNet. Current requirements efforts focus on the definition of public safety grade as it applies to the nationwide broadband network. These requirements documents are used as the fundamental basis of PSCR's formal standards development efforts related to LTE on behalf of FirstNet and the public safety community. Based upon testing and evaluation, modeling and simulation, and requirements gathering efforts, all of which inform the standards development effort at PSCR, there have been significant advances in the commercial LTE standards specific to public safety. In December 2012 public safety was identified as the number one priority for the current version of LTE standards being developed within the third generation partnership project, which is the official standards development organization for LTE. This is a major accomplishment, given public safety's limited user base, compared to the worldwide commercial wireless user base. With this added momentum, and as part of the NPSTC mission critical voice requirements, PSCR is addressing the two largest gaps identified in LTE's ability to support mission critical voice capabilities, which are direct mode, device-to-device communications, and group communications. PSCR also has recently launched an effort to standardize mission critical push-to-talk LTE within 3GPP. And, finally, working in the international standards community, alongside public safety from other countries, will lead to a global public safety LTE marketplace. This should decrease costs, while increasing the availability of advanced features to the worldwide public safety community. In conclusion, PSCR will continue its public safety driven approach to advancing communications technologies for our Nation's first responders, and we look forward to continuing and expanding our valuable partnerships across public safety, local, State, tribal, and Federal Government organizations, as well as industry. Again, I am honored to be here before the subcommittee today, and I am happy to answer any questions you might have. [The prepared statement of Mr. Orr follows:] [GRAPHIC] [TIFF OMITTED] Mr. Walden. Mr. Orr, thank you for your testimony, we appreciate that. And now, because we have a lot of doctors before our committee, we can't have a hearing without at least a doctor on the panel, Dr. Dennis M. Martinez, Chief Technology Officer, RF Communications Division, Harris Corporation. Dr. Martinez, we are delighted to have you here, and we look forward to your expert testimony. STATEMENT OF DENNIS MARTINEZ Mr. Martinez. Good morning, Mr. Chairman, Ranking Member Eshoo, and members of the subcommittee. Thank you for inviting me to testify today on FirstNet, and the advancement of public safety wireless communications. I previously testified before this committee on May 21 of 2011, during the hearing on creating an interoperable public safety broadband network. Last year I served as an appointed member of the Technical Advisory Board for First Responder Interoperability. In that role, I joined leaders representing State and local governments, public safety entities, wireless service providers, and equipment manufacturers in developing the recommended minimum technical requirements to ensure nationwide interoperability for the National Public Safety Broadband Network. These requirements were conveyed by the FCC to FirstNet, and, as required by law, will be incorporated in future RFPs issued by FirstNet. I am here today to provide this committee with a technical perspective on FirstNet's mission and activities, with the goal of informing the committee on areas of progress since passage of the landmark legislation last year. There are four activities that I will address, pilot projects, standards of development, regulatory policy, and response to FirstNet inquiries. Since January 2012, Harris has implemented pilot LTE projects in five jurisdictions. Most recently, Harris conducted live demonstrations of a deployable solution in remote Northern California that is not served by commercial broadband networks. These pilot projects utilized public safety broadband spectrum, and were implemented almost entirely at Harris expense, and we received support from the FCC and the FirstNet team, who facilitated and approved short-term spectrum use authorizations. We had several objectives for launching these projects. First, we aimed at creating a learning experience for public safety entities that wanted firsthand knowledge of the exciting prospects promised by the eventual broadband network. Additionally, we sought learning experiences that would advance our own understanding of how to apply this State of the art commercial technology in a mission critical setting. Our findings were simple, but profound. First, while there were many public safety entities that currently use commercial broadband networks in day-to-day operations, the prospect of a dedicated network optimized for their mission critical needs is highly valued. In fact, many of these entities are anxious to support deployment of the broadband network in their jurisdiction. Secondly, commercial LTE technology can be configured, through rigorous design practices, to support some mission critical needs today. The key gap that currently exists is mission critical voice. Notwithstanding that, we successfully demonstrated technology that permits interoperability between legacy and mission critical radio systems, and services that operate over Band 14 LTE. And that brings me to the second topic area, which is the development of standards that will support mission critical voice on the broadband network and enable nationwide interoperability. Several activities are underway in 3GPP, TIA, and ATIS that are addressing this need. Under the Spectrum Act, FirstNet must represent the interest of public safety users in these standards development activities, and to do so in consultation with the director of NIST, the FCC, and the Public Safety Advisory Committee. Although not explicitly noted in the Spectrum Act, we also believe there is significant benefit for FirstNet to consult and collaborate in this process with private sector entities likely supplying the required products and services that implement these emerging standards. In addition to the development of standards, continuing evolution of the regulatory framework for FirstNet will be important to its success. As a manufacturer of LTE user equipment, Harris is pleased with the significant milestone that was achieved earlier, when the FCC released the first iteration of Band 14 service rules. These rules are a significant step, and one that is required for OEMs to continue their investment in products and technologies that FirstNet will need in its deployment, and first responders will need in order to operate on the NPSBN. Toward that goal, and in advance of these final requirements, we note that FirstNet has done significant work to require their early build-outs are interoperable, and should be commended for supporting efforts to make procurements for these projects competitive and multi- vendor. Finally, we commend the FirstNet team on their significant success and progress in their RFI process. That has given us, the private sector, a significant window of visibility into potential requirements for equipment and services that they will procure. As FirstNet completes its State and local collaboration and begins finalization of the technical requirements for the broadband network, we encourage FirstNet to engage the private sector at each opportunity. This is an essential step for continued investment by the private sector in FirstNet, which, in turn, is important for timely availability of products and services that FirstNet will need to procure. In closing, I once again thank the committee for inviting me to testify on this matter of great importance to the American public. Harris remains eager to support FirstNet, and this committee, to make this happen. Thank you very much. [The prepared statement of Mr. Martinez follows:] [GRAPHIC] [TIFF OMITTED] Mr. Walden. Thank you, Dr. Martinez, we appreciate your testimony. We will go to questions now. Mr. Ginn, in my opening statement I expressed a concern we have heard from a number of potential partners and stakeholders, namely that FirstNet doesn't seem to know what it wants to be. I don't mean that as a personal criticism. It is a question I think I would like to get to Mr. Ackley and Mr. Davis. One State says, we are good to go, and it all worked well. The other State is saying, I am not so sure, and what this is going to mean in the long-term costs and implications. And so I guess my question would be, can you tell us what is FirstNet's plan to realize this network? Mr. Ginn. Well, that is going to take a few moments. First off, on the principle of working with other States, from our point of view, needs to be a joint effort. Mr. Walden. Um-hum. Mr. Ginn. It should be jointly negotiated. When we reach the point where we have completed the RFP and presented to the States, there will be no surprises in Ohio as to what is in the---- Mr. Walden. So let me stop you there for a second, because that was one of the issues Mr. Davis raised, is how that communication on the RFP will take place. Correct, Mr. Davis? Mr. Davis. That is correct. I think what we want to make sure of is that the collaboration piece stays in place, and that those technical documents that go out to---- Mr. Ginn. And, by the way, I agree with that. As a---- Mr. Walden. OK. Mr. Ginn [continuing]. Matter of fact---- Mr. Walden. Good. Mr. Ginn [continuing]. If you look at our work plan for 2014, we are establishing 10 regional offices that complement FEMA areas, and their sole responsibility is going to be working with States in coming up with radio access networks to feed into the national grid. So maybe one of the issues here is his expectation is beyond our ability to deliver. But when you think about, it takes 4 to 8 months to hire a single employee in the Federal Government. You don't get these things done that quickly. So my comment to Mr. Davis would be, work with us. We want to do this as partners. Hopefully, at the end of this, we will have agreed on a network plan for Ohio. And when it is presented, you will know all the details, even before it is presented---- Mr. Walden. So the other issue that I believe you raised, Mr. Davis, was the long-term financial stability of FirstNet, kind of what you are buying into, and what it is going to cost you long-term, right? And what about State assets? Do you think you are going to be asked to put all your assets in the pot and say goodbye to them, and then be part of FirstNet with an open ended cost, potentially, down the road? Is that the concern Ohio has? Mr. Davis. I think it has a variety of different components to it, and I think we just have to work through those things. And---- Mr. Walden. Uh-huh. Mr. Davis [continuing]. It is sort of a step-by-step process. And every State is going to have similar issues, in terms of leveraging existing assets, even if it is---- Mr. Walden. Uh-huh. Mr. Davis [continuing]. Lease space, and things that we have going on. And phase two of the planning grants that are out there will hopefully address some of those things. But the questions that we get when we go out and do the outreach components within Ohio all come back to, what is the cost? We recognize that we don't know those things today---- Mr. Walden. Right. Mr. Davis [continuing]. But the more that we can have a sustainable business model at least--to their process, the better off we are all going to be in the long run. Mr. Ginn. To give you some idea of the complexity of this, 70 percent of the cost of the network is going to be in cell site locations, OK? Mr. Walden. Right. Mr. Ginn. It is a high percentage. It matters in the total economics. If---- Mr. Walden. Of course. Mr. Ginn [continuing]. We could get each State and the Federal Government to allow us to use those without fees, it would dramatically reduce the cost of this network, OK? Now, he would---- Mr. Walden. Well, that was one of our original ideas, I think, was to build from the State up, and not create a separate set of systems, but---- Mr. Ginn. Well, I guess the way I would say that, maybe a little differently, we have to start out with a core that covers the entire United States, and then we have to make sure that---- Mr. Walden. Um-hum. Mr. Ginn [continuing]. State systems are comparable---- Mr. Walden. Interoperable. Mr. Ginn [continuing]. With connecting into that core, around interoperability, and security, and reliability, and all the other issues that we will mandate. Mr. Walden. Um-hum. So, Mr. Ackley, in the 11 seconds I have left, what gave you confidence in your State to go ahead and enter into this arrangement? Mr. Ackley. Well, Mr. Chairman, I think the fact that New Mexico had done some substantial work in this arena before the passage of the Spectrum Act, so this was something that we were already incorporating into our planning, and working towards. And I think that gave us a position to be able to work with the FirstNet board from some assumptions we had developed early on, with respect to---- Mr. Walden. And you are comfortable with the long-term potential cost implications, and the ability to afford participation down the road? Mr. Ackley. Well, Mr. Chairman, I think there are a lot of good points that are raised---- Mr. Walden. Um-hum. Mr. Ackley [continuing]. Here that need to be addressed. You know, comfort is something that is going to increase, I think, as these issues are addressed. You know, things such as asset---- Mr. Walden. Um-hum. Mr. Ackley [continuing]. Cost allocation and recovery, the---- Mr. Walden. Right. Mr. Ackley [continuing]. Usage, the business model, and those sorts of things. I think, from our position, it is something, if we can maintain the involvement as a State, and working with FirstNet on this---- Mr. Walden. Right. Mr. Ackley [continuing]. That we can continue to develop that comfort. Mr. Walden. All right. My time has expired, and I am going to turn the gavel over to Mr. Latta, and I am going to recognize Ms. Eshoo for questions. I have to excuse myself to take a meeting. But I want to thank you all, and know that you know we are concerned. Want to make sure this all works for first responders, and for the country. We commend the work that has been done. I know it is a huge startup, and we just want to continue to do our appropriate oversight. I recognize the gentlelady from California. Ms. Eshoo. Thank you to each one of you for traveling here, and for your excellent written testimony, as well as the spoken testimony, and for your patience. Inevitably, when we have, what I think, are some of the most important hearings, the bells go off, and you have to wait, so thank you for your patience. Mr. Ginn, thank you for your leadership. This is a heavy lift, and it is somewhat complicated. It is not as if we don't have any systems in our country. We do. The problem is they are not interoperable. And these systems have been in place longer. Obviously, they have a history. What we are doing now is really rewriting history. And so there is a push and a pull in different places. I understand it. Change is not easy to make, and it is menacing to people that have done it a certain way for a long, long time. I don't hold it against them, but I think the signal is, you know what? We are on the move. This has to change. It has to change because of what our country endured. So thank you for your leadership, and I think that your credentials from the private sector are superb. And I don't want to say it is good to hear about your frustrations, but it also demonstrates that it is difficult to merge the public and the private. But I have confidence in you, I really do. Now, in September the FCC, Mr. Ginn, announced, you know, this landmark voluntary industry solution to achieve interoperability in the lower 700 megahertz band. What I would like to know is what steps is FirstNet taking to leverage this opportunity, if, in fact, you can, and do you think that the agreement is going to provide the first responders with more roaming opportunities, and greater redundancy? I am very excited about---- Mr. Ginn. Yes. You are talking about the interoperable task force at the FCC that gave us the standards? Ms. Eshoo. No. This is the voluntary solution that was agreed upon with industry stakeholders. If you are not familiar with it, I can go on to---- Mr. Ginn. Yes. No, maybe---- Ms. Eshoo [continuing]. Another question. Yes. No, I can go on to another question. I have---- Mr. Ginn. OK. Ms. Eshoo [continuing]. 2 minutes and 23 seconds, and a trip out to Dulles. To Dr. Martinez, thank you for being here again. In your testimony you talked about the importance of developing standards for mission critical voice, and that is a very, very important area. Does the absence of such a standard prevent your company from supporting build-out projects? I am not so sure, from your testimony, if that is the case. And, you know, I mean, the examples would be Los Angeles, or the State of New Mexico. Mr. Martinez. Congresswoman Eshoo, no, it does not. The---- Ms. Eshoo. Good. Mr. Martinez. [continuing]. Absence of a standard is not a pre-requisite to proceed with a BTOP program. Ms. Eshoo. Um-hum. Mr. Martinez. However, to the extent that such a program would have a requirement for mission critical voice, then we have to ensure that the implementation of that requirement in a BTOP program would not preclude future compatibility with whatever FirstNet chooses as a mission critical standard. Ms. Eshoo. So it complicates it, is that what you are saying? Mr. Martinez. I would say it is a factor that has to be considered, but---- Ms. Eshoo. Um-hum. Mr. Martinez [continuing]. It should certainly not be a showstopper for proceeding with a---- Ms. Eshoo. Good. Mr. Martinez [continuing]. BTOP project. Ms. Eshoo. OK. Mr. Martinez. And, by the way, not all BTOP projects would necessarily require a---- Ms. Eshoo. Um-hum. Mr. Martinez [continuing]. Mission critical voice component. Ms. Eshoo. Good. Back to Mr. Ginn, you know that I have been involved in Next Generation 911, the 911 issues, going back to the '90s, obviously long before our country was attacked. Do you see the Next Gen 911 being integrated into what FirstNet is doing? Mr. Ginn. I absolutely do. As I understand, Next Gen 911, you are not only going to be able to take voice, but you are going to be able to take data---- Ms. Eshoo. Um-hum. Mr. Ginn [continuing]. Photographs, and other capabilities. Well, guess what, LTE is data-centric. It has a great capability to transmit data. And so, the way I see it, very simply, is information coming into the 911 centers can very easily be sent right to a law enforcement officer at a point in the district in seconds. Ms. Eshoo. That is---- Mr. Ginn. So---- Ms. Eshoo [continuing]. Wonderful. So it will be---- Mr. Ginn. Yes. I just see us as a real enabler to adding benefits to Next Generation. Ms. Eshoo. Bravo. Thank you. Yield back. Mr. Latta [presiding]. The gentlelady from California yields back, and the Chair recognizes himself for 5 minutes. And, again, thanks very much for you all being here today. Really appreciate your testimony, and it is very informative because, when we had the hearing earlier this year to find out where we have gone and come from that timeframe. And, Mr. Davis, if I could ask you a few questions, especially coming from the Ohio perspective? Some of the things that were brought up, especially by the folks that were here earlier this year from Maryland and Virginia, and their concerns, just to get your perspective as to where you think things are, and where they were earlier this year. And in your testimony, when you talk about the partnership versus the customer, and particularly on the partnering, you said it would be stronger engagement on the requirements and the determination of roles and responsibilities. Do you see that things have tightened up, that there is more back and forth between FirstNet and the States, and that you have a contact out there that you can get to all the time? Mr. Davis. Yes, we do. We have made significant progress. FirstNet, in the outreach component, has done an excellent job. Their message is consistent, and there is a point of contact for us. As a matter of fact, I believe we have a meeting on Friday of this week. So the communication piece is moving forward very well, that component of it. And the point that we just need to make sure we understand is that we are making decision at the State level on a variety of different initiatives that we have going on, Next Generation 911 being one, and the architecting of that. If there are things that we can do that will better position our initiative in Ohio to support FirstNet, and vice-versa, those are the types of activities that we want to talk through. Mr. Latta. Well, I think also you mentioned in your testimony the planning and development, especially in the State of Ohio. And the 11 years that I served in the General Assembly, working on the MARCS system at that time, there was a lot of discussion about the cost, et cetera, and also the LMR. Is that being considered and taken in to account, especially for the amount of money that Ohio has invested over all those years, especially, like, in MARCS? Mr. Davis. I think absolutely it is. I think that it is the mission critical piece that we have. There are 1,300 different disparate systems that we are trying to push forward to move into MARCS as a shared service model. Very similar, I would imagine, to some of the things that we are hearing from FirstNet. And we would like to engage and partner in that, because we have partnering tiers that we set up that would be, I think, valuable for FirstNet to understand how we are operating today. Mr. Latta. And pardon me for interrupting, but you said you would like to. Are you being taken into those discussions? Because you said like to. Is that that you are or aren't getting that information in those discussions? Mr. Davis. I think those things are starting now. They started about 3 months ago. We didn't get the grant for the planning side through our controlling board process until September. So things in the last month have moved quickly. In the last 6 weeks, things have been significantly better, and that communication is ramping up. Mr. Latta. Well, not just wanting to pick on you here, especially in your testimony, you are talking about especially the volunteer firefighters. And the pushback, as you say in your testimony, on the $240 a year to have an operational radio on our system in Ohio. And I tell you, I know, with my 14 counties, and the backbone out there is that volunteer fire department. And, you know, I go to a lot of chicken barbecues, and pancake days, and fish fries, and for all of the things that those folks are doing out there to protect their friends and neighbors, you know, they just can't take a lot of mandates out there. So, you know, where are the dollars going to be coming from for those folks out there across the State of Ohio, and across the Nation, for these volunteers to pay for this? Mr. Davis. What a great question. It is something we wrestle with all the time with the MARCS system today, as you well know. We are looking at everything that we can possibly do to try to lower those costs as much as possible. A lot of that is economy of scale, and the more municipalities, the more counties that come on board to the radio system will drive those costs down, and make that at least a little bit more affordable. I know that we are looking at different ways to try to figure out how to crack that volunteer component, because $240 a year doesn't sound like much, but when you have 10 volunteers, that is a lot of money. And at some point in time, those events happen, we need to engage with those people, and it is critical to the response in that area. Mr. Latta. OK. Just real briefly in my last 20 seconds, on that economy of scale, when you are looking at the economy of scale, are you talking about, like, for the volunteers across the State, or are you looking at particular areas in the State of Ohio? Mr. Davis. We are looking at the volunteers across the State of Ohio, but we are also looking at the 1,300 different disparate systems out there as they fold in. And we have got quite a bit of success here in probably the last 8 months in getting counties, and their radio systems, into our system and leveraging their assets, and some of the assets that we have, to benefit both the county, as well as the statewide effort that we have going on. Mr. Latta. Thank you. My time has expired, and I recognize the gentleman from Illinois, Mr. Shimkus, for 5 minutes. Mr. Shimkus. Thank you, Mr. Chairman. Thank you for being here. I, along with Anna, have been working in the first responder issues for a long time, and 911, so we are pleased we are here. Some of us would have liked to have gotten here a different way, but this is the rules of the road now. And so, Mr. Davis, compelling testimony, because your folks are my constituents. I represent 1/3 of the State. And so, Mr. Ginn, I hope you really take heed to some of these concerns in Mr. Davis's opening, and his testimony. I keep highlighting, and he makes some compelling arguments. And, you know, we work for those volunteer fire departments, or those small communities, and we have to get this right. You have great success in the private sector, and I always wonder when the private sector experts come to government, and how they get chewed up in the bureaucracy. I mean, you gave a great example of the 4 months in hiring an employee. I mean, that is government, and that makes it challenging. But your opening statement was right on. You have got to get it built, and you have got to get it built right, and I applaud that focus. I would also add you have got to get it built within budget. And this business model debate that is raised by Mr. Davis, not just at your end, but also down at their end, because I know, in this debate, one of the underlying things was, don't worry, the government will bring you more money if you don't get it right, and I don't think you can assume that. Mr. Ginn. Can I respond? Mr. Shimkus. Yes. Please. Mr. Ginn. Yes. You know, I take the $7 billion as a personal and organizational challenge. And, if you have a moment, let me tell you how I think about it, because---- Mr. Shimkus. I want to get to LTE too, so, yes, I do have a moment, but don't---- Mr. Ginn. OK. Mr. Shimkus [continuing]. Take my 3 minutes. Mr. Ginn. OK. You know, the first thing you need to understand, what is the cost of the network? And you are going to spend a lot of time trying to drive down the cost of that network, as I was suggesting about free cell sites in States and Federal buildings. Mr. Shimkus. Right. Mr. Ginn. Because that would dramatically decrease the cost of providing the network. You have got a couple other costs. You have got to stand up an organization. We are doing that now. We are putting people in 10 regional offices to work with Ohio and other places. And then we will reach a point---- Mr. Shimkus. Let us just go here and say you are going to do your utmost to have an efficient system that is going to be cost-effective, and you are going to try to deploy what has been requested---- Mr. Ginn. Yes. And the point I want to make to you is simply this, that if we get to the bottom line, and we are not there, we are going to reiterate the whole process and look to take out other costs. So---- Mr. Shimkus. Right. I just raise that because there is a concern, not just at your level, at the local level, and we have got to get the costs right too, otherwise we are not going to be where we want to be. You did talk about LTE, and the great technology, and the data stuff, but mission critical voice is also an important aspect of this debate. Can you explain FirstNet, this is also for Mr. Orr, on, obviously, the voice aspect of this, that is part of the application with NIST, and where are at with that? Mr. Orr. So, just to be clear, NPSTC defined mission critical voice, and that is a group of public safety associations, as the ability to talk directly from one device to another, so direct mode, push-to-talk, like public safety uses now with their radios, full duplex voices, which is how we talk on our cell phones right now, where you can talk over each other, group call, so that you talk one to many, talker identification, like caller ID, emergency alerting, so I hit a button, and I get automatic access to the network if I am in an emergency situation, and audio quality, so that you can actually hear me in difficult environments, like firefighters and police often work in. The most challenging aspects for mission critical voice right now are really the top three, which are dealing with push-to-talk capability, group communications, and direct mode device-to-device, because those aren't issues that are being dealt with by the commercial community right now. So that is what we are working in LTE, and that is where we have had, actually, very significant progress on the LTE standards. And we are working closely with the other countries around the world that are also deploying their own public safety LTE networks, because every single one of them needs this mission critical voice capability. So our expectation, at least from a PSCR perspective, is within the next 18 to 24 months, we would like to start seeing prototypes in our laboratories that display this capability, that we can at least start assessing, testing, and, as Chairman Ginn said, reiterating on the standards to ensure that these products someday actually meet the capabilities of the current land mobile radio systems. Mr. Shimkus. Great, and I will just end on this. The Seattle Times, of all papers, wrote an article about the tornadoes that went through my district, and a lot of the Midwest, Ohio and Indiana, and how people's lives were saved through the communication to their cell phones and the like. Obviously, the people didn't have access to that, may not have got as clear a warning as they could have, but we are getting there. But there is concerns about the top down, the business model, and I would hope you work with our local providers, because they are the key to this, making it work. Mr. Ginn. If you take nothing else away from here, you need to understand that I understand that if you don't satisfy your customers, you don't have a business. Mr. Shimkus. Amen. Yield back. Mr. Latta. Well, thank you very much. The gentleman yields back the balance of his time. And, for Chairman Walden, and also for Ranking Member Eshoo, we want to thank you again for your testimony today, and your patience when we had to go to vote. We greatly appreciate that. And, if there is nothing further come before the committee, the subcommittee will stand adjourned. [Whereupon, at 1:07 p.m., the subcommittee was adjourned.] [Material submitted for inclusion in the record follows:] [GRAPHIC] [TIFF OMITTED]